A Philadelphia judge has ruled that a kindergartner should not have been expelled from a charter school after he allegedly touched his teacher’s thighs.

Philadelphia Common Pleas Court Judge Paul P. Panepinto, writing an opinion explaining his decision to the Commonwealth Court May 23, said that, on the record before him, no reasonable person would have reached the same decision as the First Philadelphia Charter School for Literacy’s Board of Trustees to expel a student who allegedly touched his teacher’s legs after she complained that they hurt.

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